Court : Mumbai
Reported in : AIR1940Bom400; (1940)42BOMLR912
..... the petition is made under the terms of section 241 of the indian succession act by which it is provided that when any executor is absent from; the province in which application is made, and there is no executor within the province willing to act, letters of administration, with the will annexed, may be granted to the attorney or agent of the absent executor, for the use and benefit of his principal limited until he shall obtain probate or letters of ..... claims to be the executor by implication of a testamentary writing in the nature of a will which was executed at madras in or about september, 1932, by one k ..... is the general clausse, the attorney is empowered to do all acts, deeds, matters and things as may be necessary to give effect to the terms of the power-of-attorney, one of them being to carry on and conduct all proceedings regarding the withdrawal of the amount. ..... under section 248 of the act if an executor is appointed for any limited purpose specified in the will, the probate shall be limited to that purpose, and if he should appoint an attorney or agent to take administration on his behalf, the letters of administration, with the will annexed, shall ..... on behalf of the defendant that the petition was not competent, as the power-of-attorney under which the petitioner acted was defective. ..... a will is denned in section 2(h) of the indian succession act as the legal declaration of the intention of a testator with respect to his property which he desires to be carried into .....
Tag this Judgment!Court : Mumbai
Reported in : (1940)42BOMLR707
..... failed to keep proper records which would show the costs of production of the departments in his charge; (b) the plaintiff failed to keep records of the materials used in his departments posted up to date;(c) the plaintiff did not pay any heed to the various notes and letters addressed to him by the salesman of the defendants from time to time regarding the damage caused in various ways to the cloth while passing through his departments and did not give a satisfactory reply to or explanation for any ..... summary dismissal is a drastic step, and if it is to be excused, the acts or neglects, of the servant of which complaint is made must be of a serious nature and such as to show that he is not carrying out his part of the bargain in a matter going to the root of the contract.15. ..... the type of cloth as well as its fineness may have made a difference, the machinery may have-indeed probably would have-deteriorated, and admittedly the respondent had made a report in february, 1932, pointing out the existence of many defects in ..... was also evidence of written complaints beginning in february, 1932, and continuing up to july of that year, and of the respondent's written replies in answer defending himself and explaining the cause. ..... the respondent thereupon took proceedings by plaint dated september 8, 1932, for damages for wrongful termination of the contract set out ..... july, 1932. no ..... , 1932. ..... july, 1932. no ..... his work on june 11, 1931, and continued until he was summarily dismissed on july 28, 1932.4. .....
Tag this Judgment!Court : Mumbai
Reported in : (1940)42BOMLR767
..... it appears that, prior to this occasion, the respondents had been in the habit of importing their betel-nuts at the port of cuddalore in the province of madras, but, in the beginning of the year 1932, the customs collector at that port had assessed a similar consignment of 3,605 bags as boiled betel-nuts subject to duty on a tariff value, contrary to1 the respondents' contention that they should be assessed as raw betel-nuts, subject to duty ad valorem. ..... while the imposition of the duties here in question is regulated by the land customs act (act xix of 1924), the matter in issue arises under certain provisions of the sea customs act (act viii of 1878) which are incorporated, subject to the necessary verbal modifications, by section 9 of the land customs act, and the schedule to the act. ..... when a penalty or increased rate of duty is adjudged against any person under this act by any officer of customs, such officer, if such penalty or increased rate be not paid, may levy the same by sale of any goods of the said person which may be in his charge, or in the charge of any other officer of customs....under section 9 of the land customs act, references to a chief customs officer in the sea customs act are to be deemed to refer to a collector of land customs, references to a customs collector to a lands customs officer .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1940Bom315; (1940)42BOMLR550
..... the person who gives the guarantee is called the ' surety' : the person in respect of whose 'default the guarantee is given is called the ' principal debtor', and the person to whom, the guarantee is given is called the ' creditor'.it is i think true that a contract might fall within both those definitions, but it is clear from section 126 that a contract of guarantee involves three parties,- the creditor, the surety and the principal debtor-, and i agree with the view taken by the madras) high court in periamanna marakkayar v. ..... to introduce and place with or procure tot you i hereby agree with you as follows :-that i shall be answerable and responsible to you for all business secured by me from my constituents and to be answerable and responsible for the due payments by the said constituents for all moneys due in respect of such business as you may from time to time transact at my request and i agree on demand to make good any default on part of my said constituents and also to pay ..... again, the right of a surety to call upon the principal debtor to discharge the debt of the creditor which has become due,-a right which is referred to in mulla's note to section 145 of the contract act, and is illustrated by the english case there referred to, asckerson v. ..... [1932] 1 k. b. ..... [1932] 1 k. b. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1940Bom345; (1940)42BOMLR832
..... in exercise of his power of alienation, which was in danger of becoming restricted within a few days by the coming into force of the madras impartible estates act ii of 1902, he settled the whole estate on himself for life with remainder absolutely to the child with whom his second wife was then enceinte, if such child should be born alive and a male. ..... was transferred to mallappa's name; no son was born to rayappa; neither rayappa nor his widow yamunabai could take anybody in adoption, and therefore even if the plaintiffs adoption had taken place, it gave the plaintiff no right to the properties; from the terms of the agreement made between rayappa and mallappa it was clear that rayappa himself had no idea of taking any one in adoption and had impliedly prohibited his widow from making any adoption; further ..... that rayappa, as the holder of an impartible estate governed by the rule of lineal primogeniture, had the power to alienate the estate or to relinquish it so as to extinguish completely all rights in the estate on the part of his descendants; that he did so relinquish the estate in 1887; that the effect of that relinquishment was to extinguish completely his own rights in the estate and that of any son adopted to him; and that the estate in the hands of the next holder mallappa became his separate self-acquired estate to which the plaintiff by virtue ..... ram sundar mal (1932) l.r. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1940Bom257; (1940)42BOMLR497
..... the fact that the firm was registered at the date of the institution of the suit and that the names of the persons suing (the firm being a compendious name for the persons suing) were shown in the registei at the date of the institution of the suit appears to me to be a compliance with section 69(2) of the act. ..... five issues were raised of which the first is, whether the plaintiffs are a firm duly registered under the indian partnership act of 1932. ..... the defendant also puts the plaintiffs to prove their allegation that they are a firm, registered under the indian partnership act, 1932. ..... davar for the defendant that the firm had been dissolved, as in fact it had, by the death of pratapchand ramchand, that by reason of the dissolution the firm had ceased to be registered, that no notice of change in the constitution of the firm had been given until after the suit was filed, and that therefore the suit was bad by reason of section 69(2) of the indian partnership act. 5. ..... the act does contemplate notwithstanding dissolution by death that so far as registra- tion is concerned the firm is to be deemed still to be registered, and it empowers any person who was a partner immediately before the dissolution to give notice of the change and requires the registrar to record that notice in the entry relating to the registration of the firm and to file it along with the original statement which had been filed.7. .....
Tag this Judgment!Court : Mumbai
Reported in : (1940)42BOMLR621
..... to take place, if at all, immediately on the close of a life in being at the time when the will was made, and seeing that that event has happened, consider that the: testator, in making this provision, did not infringe or exceed the powers given him by the hindoo law, and that the clause effectually gives the corpus of the property to the surviving sons immediately on the death of that son who died without leaving male ..... the interest preceding this bequest to the defendants arose by implication under the will: but, whether this be the true view or not i think the bequest is good it does not infringe any rule against remoteness, nor are the legatees incapable of taking.it is true that the bequest is contingent, but that does not avoid it (section 107 and part xv of the succession act),nor was it fatal to the bequest that it was to take effect, not necessarily at the ..... grounds.first, he argued, that if property vests in a full owner under the ordinary hindu law of inheritance, then the future devolution of the property from him cannot be disturbed except by a restriction, imposed from the beginning.next, he maintained that if effect were given to the bequest in favour of the sons, there would be such an uncertainty as to who would take, that the property would be in abeyance, and this would contravene a fundamental rule of ..... the widow as heiress of rishikesh remained in possession of the whole of the testator's residuary estate until her death, which occurred on the 11th september, 1932 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1940Bom247; (1940)42BOMLR451
..... the principle upon which it is anticipated that the scheme of arrangement might have that effect is, either that the effect of the scheme is satisfaction of the guaranteed debt, so that there no longer exists any 'debt which the sureties can be called on to pay, or because the remedy over which the sureties would have against the bank is inconsistent with the scheme of arrangement, which is intended to) liquidate, once and for ever, all liabilities of the ..... ultimately a petition was presented to wind up the company, and acting under section 153 of the indian companies act meetings of the creditors and shareholders of the company were held to consider a scheme of reconstruction which was ..... 211 where the acceptor of a bill of exchange presented a petition for liquidation or composition under the bankruptcy act, 1869, and the creditors passed a resolution for liquidation or composition, the acceptor was held as discharged by operation of law, but the drawer was not thereby discharged from his ..... 6 which was raised in the trial court was ' whether the managing agency was the ancestral business of the defendants, and, if so, whether the writing was passed for the legal necessities of that business ..... thereafter by his letter dated june 28, 1932, the plaintiff gave notice, to the defendants putting on record that his rights against the defendants remained unaffected. ..... the scheme was sanctioned by the court on january 11, 1932 ..... 930 from september 15, 1931, till july 1, 1932, and on rs. .....
Tag this Judgment!Court : Mumbai
Reported in : (1940)42BOMLR394
..... at the hearing before the board, the appellant put forward a contention to the effect that, at the date of the mortgage, the executors had assented to the frusts as regards both the business and the immoveable properties, which had thereby become vested in them as trustees, and that, accordingly, the powers conferred on executors by section 307 of the indian succession act, 1925, were no longer available to them. ..... , in calcutta and elsewhere, and whereas the said mortgagors are about to enter into contracts with the governments of three presidencies, namely, bombay, madras and allahabad and also local government for the exclusive license to publish and issue verbatim reprint of the indian law reports from the year-1921 to 1925, and, whereas to fulfil the said contracts the mortgagors are in need of rs. ..... (15) i further declare it to be my express1 will and intention that after paying the annuities and meeting the expenses hereby directed as aforesaid the residue of the income of my estate shall be invested in government promissiory notes or in purchasing profitable property in the vicinity of my said bowbazar house or of my said ancestral house at nalkourah and the said government promissory notes or the property as the case may be shall form a part of my estate. ..... , and dated january 18, 1932, which dismissed the suit as regards the said declaration.2. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1940Bom210; (1940)42BOMLR367
..... or otherwise, cause such restitution to be made as will, so far as may be, place the parties in the position which they would have occupied but for such decree or such part thereof as has been varied or reversed.the section does not in terms say that the person entitled to apply must be a party to the decree, but that seems to be the natural construction of the language used, and unless we are to hold that the word ' party' is loosely used to mean any person entitled to restitution ..... .when a question has arisen as to the execution, discharge, or satisfaction of a decree between the parties to the suit in which the decree was passed, the fact that the purchaser, who is no party to the suit, is interested in the result has never been held a bar to the application of the section. ..... in june, 1932, supdu appointed another pleader bendre to represent him, and on october 7, 1932, deshmukh applied, to have his name substituted for that of the decree-holder in the execution proceedings, but this application was not prosecuted and no order was passed on it. ..... it is inherent in the general jurisdiction, of the court to act rightly arid fairly according to the circumstances towards all parties involved.13. .....
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